Firoz vs State Of U.P.
2023 Latest Caselaw 30215 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:207916
 
Court No. - 44
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45920 of 2023
 

 
Applicant :- Firoz
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Umair Mahmood
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The FIR in question was lodged alleging that on a search carried out, 1150 tablets (23 strips) 0.5 mg of Alprazolam powder were said to have been recovered. Contention of learned counsel for the applicant is that even assuming allegations to be correct for the sake of arguments, the recovery is less than the commercial quantity. It is further argued that even as per the FIR, no independent witnesses to the search are mentioned nor was the mandate of Section 50 NDPS Act was complied with, thus, the applicant has been falsely implicated with the offence in question based upon an improper argument.

3. He argues that the criminal antecedent of the applicant has been duly explained in Para - 11, however, none of the cases are under the NDPS Act. He relies upon a judgment of the Supreme Court in the case of Mohd Muslim @ Hussain v. State (NCT of Delhi); 2023 LiveLaw (SC) 260 and a judgment of this Court in the case of Wahid Ali v. Narcotics Control Burear Lucknowdecided in Criminal Misc. Bail Application No.13590 of 2021on 12.07.2023.

4. Learned AGA has opposed the bail application.

5. Considering the fact that the recovery is less than the commercial quantity and there are no independent witnesses to the search coupled with the fact that the applicant has no criminal antecedent of an offence under the NDPS Act, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

6. Let the applicant Firoz be released on bail in FIR No.245 of 2023, under Section 8/22 of NDPS Act, P.S. Dhampur, District Bijnor on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 31.10.2023

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